FEDERAL AND STATE REGULATORY DEVELOPMENTS AFFECTING BIOENERGY

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1 FEDERAL AND STATE REGULATORY DEVELOPMENTS AFFECTING BIOENERGY Presentation to LSU AgCenter/International Programs USTDA & AEAI Pakistan Sugar Industry Biomass Cogeneration Orientation Louisiana State University Baton Rouge, Louisiana By Mike D. McDaniel, Ph.D. LSU Center for Energy Studies May 13,

2 FEDERAL AND STATE REGULATORY DEVELOPMENTS AFFECTINGBIOENERGY Presentation Outline Introduction/Background Administration Initiatives Federal Legislation Federal d lprograms State of Louisiana Questions/Discussion 2

3 Introduction Convergence of Factors Clean Air Concerns Conventional Fuel Costs Energy Security Climate Change Concerns Agriculture Interests Technological Advances Entrepreneurial Opportunities Energy Future Domestic Clean Affordable Renewable Sustainable 3

4 Administration Initiatives Obama administration places high priority on green energy and addressing global warming President Obama s 30 Day Biofuels Directive On May 5, 2009, President Obama asked the USDA to expedite the biofuels provisions of the energy title of the 2008 Farm Bill within 30 days, including the following: Providing loan guarantees and grants for biorefineries; Expediting funding to encourage biorefineries to replace the use of fossil fuels in plant operations; Expediting funding to encourage production of next generation biofuels; Expanding the Rural Energy for America Program; and Providing guidance and support for collection, harvest, storage, and transportation in biomass conversion Administration Commits to GHG cuts under Copenhagen Climate Accord 4% below 1990 levels by 2020 (~17% below 2005 levels). Obama Executive Order to reduce federal government emissions by 28% by

5 Administration Initiatives In February, 2010 the Obama Administration issued a sweeping new set of rules and directives concerning U.S. biofuels policy, including the release of the revised Renewable Fuels Standard from EPA and a new set of Lead Agency assignments to support first generation biofuels while driving the development and commercialization of advanced biofuels. Lead Agencies: Discovery science: DOE (Office of Science) Pilot scale conversion and biorefinery facilities: DOE EERE Financing for innovative first time commercial technologies: DOE Feedstock production systems: USDA Feedstock development: USDA (Research, Economics, & Education and Forest Service) Feedstock supply chain workforce development: USDA Dissemination of best practices and technical assistance: USDA/State/Local Extension offices Continuing financing for 1 st generation and scaling of advanced biofuels: USDA Sustainability and regulatory compliance: EPA and USDA Full scale and widespread deployment of commercial facilities: USDA (Rural Development and Forest Service) and DOE The Departments of Labor, Commerce, Defense, Transportation to support initiative 5

6 Administration Initiatives New Fuel Economy/GHG Initiative EPA and the Department of Transportation s National Highway Traffic Safety Administration (NHTSA) recently announced a new national program that would reduce greenhouse gas emissions and improve fuel economy for all new cars and trucks sold in the United States. EPA proposed the first ever national greenhouse gas (GHG) emissions standards under the Clean Air Act, and NHTSA proposed Corporate Average Fuel Economy (CAFE) standards under the Energy Policy and Conservation Act. This national program would allow automobile manufacturers to build a single light duty national fleet that satisfies all requirements under both Federal programs and the standards of California and other states. This initiative stems from an agreement that President Obama brokered with General Motors, Chrysler and other automakers last May, ending years of litigation over state led efforts to curb motor vehicle GHG emissions. The new rules raise Corporate Average Fuel Economy standards to 35.5 mpg by 2016, about 40% better than the current 25 mpg average and adopts a California regulatory scheme to reduce GHG emissions from new cars and trucks by about 30%, or to 250 grams of CO 2 per mile. 6

7 Federal Legislation Affecting BioEnergy Energy Policy Act of 1992 (EPAct) The Biomass Research and Development Act of 2000 (revised by EPAct 2005) Farm Bill 2002 Title IX The Healthy Forests Restoration ti Act Atof 2003 Energy Policy Act of 2005 (EPAct 2005) Energy Independence and Security Act of 2007 (EISA) Farm Bill 2008 Title IX American Recovery and Reinvestment Act of 2009 (ARRA) Climate/Energy Legislation 2010? (Kerry Lieberman: farmers exempt; biomass GHG neutral; USDA oversees offsets; supports USDA Rural lenergy for America program) 7

8 Federal Programs Affecting BioEnergy 8

9 Federal Programs Affecting BioEnergy *Up to $40 million funding for FY2010 SECTION 9005 BIOENERGY PROGRAM FOR ADVANCED BIOFUELS PAYMENTS TO ADVANCED BIOFUEL PRODUCERS The purpose of this section is to support and ensure an expanding production of Advanced Biofuels by providing payments to Eligible Advanced Biofuel Producers in rural areas. Payments will be made to eligible Advanced Biofuel Producers for the production of fuel derived from renewable biomass, other than corn kernel starch, to include: 1. Biofuel derived from cellulose, hemicellulose, or lignin; 2. Biofuel derived from sugar and starch (other than Ethanol derived from corn kernel starch); 3. Biofuel derived from waste material, including crop residue, other vegetative waste material, animal waste, food waste, and yard waste; 4. Diesel equivalent equivalent fuel derived from Renewable Biomass, including vegetable oil and animal fat; 5. Biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from Renewable Biomass; 6. Butanol or other alcohols produced through the conversion of organic matter from Renewable Biomass; and 7. Other fuel derived from cellulosic biomass. 9

10 Federal Programs Affecting BioEnergy 10

11 Federal Programs Affecting BioEnergy DOE Grant Funding Under the Recovery Act * LDNR State Energy Program will receive $71 million from DOE; $9.8 million will be available for renewable energy projects through competitive grants. 11

12 Federal Programs Affecting BioEnergy Note: EPA is currently considering an increase in ethanol blend wall for transportation fuels from 10% to 15% for 2001 and newer cars. 12

13 National Renewable Fuel Standard Program 13

14 Federal Programs Affecting BioEnergy National Labs/Libraries 14

15 Federal Programs Affecting BioEnergy DOE Clean Cities Coalition Program 15

16 Federal Biofuel Incentives VEETC volumetric ethanol excise tax credit or blenders tax credit currently provides a tax break of 45 cents to registered blenders for every gallon of pure ethanol blended d into gasoline in a effort to keep ethanol priced competitively with gasoline. Currently effective through A related tax credit is the small ethanol producer credit of 10 cents per gallon for facilities that produce less than 60 million gallons per year. The cellulosic biofuel tax credit (effective through 2012) allows producers to claim up to $1.01 per gallon of qualified ethanol. Biodiesel receives similar incentives, including a biodiesel tax credit which is now set at $1 per gallon through In addition to these tax credits, the U.S. biofuel industry benefits from a 54- cent per gallon tariff on imported ethanol that is currently in place through Source: Early and McKeown (2009) 16

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20 Louisiana Incentives and Laws Alternative Fuel Vehicle (AFV) and Fueling Infrastructure Tax Credit The state offers an income tax credit worth 50% of the cost of converting a vehicle to operate on an alternative fuel, 50% of the incremental cost of purchasing an original equipment manufactured AFV, and 50% of the cost of constructing an alternative fueling station. Only vehicles registered in Louisiana may receive the tax credit. A taxpayer may instead take a tax credit worth 10% ofthe cost ofthe motorvehicle orup to $3,000, whichever is less. For the purpose of this incentive, alternative fuels include compressed natural gas, liquefied natural gas, liquefied petroleum gas, biofuel, biodiesel, methanol, ethanol, electricity, and any other fuels that meet or exceed federal clean air standards. (Reference House Bill 110, 2009, and Louisiana Revised Statutes 47:6035) Advanced Ethanol Industry Initiative In order to develop an advanced biofuels industry in Louisiana, the following "field to pump" requirements must be met: Development of an ethanol feedstock other than corn that is; Derived solely from Louisiana harvested crops. Capable of an annual yield ildof at least 600 gallons of ethanol per acre. Requiring no more than 50% of the water required to grow corn. Tolerant to high temperatures and waterlogging. Resistant to drought and saline alkaline soils. Capable of being grown in marginal soils, ranging gfrom heavy clay to light sand. Requiring no more than one third of the nitrogen required to grow corn. Requiring no more than one half of the energy necessary to convert corn into ethanol. Development of a small advanced biofuel manufacturing facility network, which reduces the feedstock supply risk, does not burden local water supplies, and provides for a more broad based economic development. Expansion ofadvanced biofuel supply and demand beyond the 10% blend market by blending fuel grade anhydrous ethanol with gasoline at the gas station pump. Variable blending pumps, directly installed and operated at the local gas stations by a qualified small advanced biofuel manufacturing facility, must offer the consumer a less expensive substitute for unleaded gasoline in the form of E10, E20, E30, and E85. 20

21 Some Other Sources of Information / com/ / /

22 FEDERAL AND STATE REGULATORY DEVELOPMENTS AFFECTING BIOENERGY QUESTIONS/DISCUSSION 22

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